Terms and Conditions

 

NOTE: Please see our separate "License Agreement" if you wish to view the terms governing use of media licensed by CRITICAL PAST LLC. The Terms and Conditions below govern only the use of websites published by CRITICAL PAST LLC.

GENERAL TERMS, CONDITIONS AND DEFINITIONS

If you choose to use the services provided by CRITICAL PAST LLC, including the CRITICAL PAST LLC forums, you agree to abide by all of the terms and conditions of this Agreement, and we agree to provide our service to you, subject to the following terms and conditions. We reserve the right to change, add or remove portions of this Agreement at any time. If we do, we will post those changes on our Web site, and you will be able to review the most current version of this Service Agreement at any time. In addition, when using certain services provided by Critical Past LLC, you will be subject to any posted guidelines or rules applicable to such services.

Your use of the service now, or following any changes to these terms and conditions, will indicate acceptance by you of such terms, conditions, changes, or modifications.

We reserve the right to change, suspend or discontinue any aspect of our service at any time, including the availability of any service feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of our service without notice or liability.


RULES AND CONDITIONS FOR CONTRIBUTING TO "MORE INFORMATION OR CORRECTION" AND "FORUM" AREAS WITH CRITICAL PAST LLC WEBSITES

All users are encouraged to contribute information, corrections, or share ideas within Critical Past LLC websites. Text contributions will be published on the site, provided they adhere to these rules: You agree to not knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the Web site. In posting comments on the contributions of others, you agree not to harass other participants. You agree to not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person.

You agree to not post information or links that are obscene or pornographic. You agree to not contribute information that violates the property rights of others, including unauthorized copyrighted text, trade secrets or other confidential proprietary information; and trademarks or service marks used in an infringing fashion.
Content contributions solely focused on the promotion of commercial events or businesses are not permitted. You assert that the text you contribute is your own, is licensed to be uploaded and downloaded by other participants, is in the public domain, or is otherwise free of copyright or other restrictions. You also grant Critical Past LLC an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form. Critical Past LLC does not endorse and is not responsible for any statement, opinion or advice given or made on its web sites by site users.

Critical Past LLC does not intend to engage in any prior review of notes posted to forums within its web sites; but we reserve the right, in our sole discretion and for any reason, to delete or redirect any information or other content posted, regardless of whether the information or other content violates the rules for content described in this Agreement.

In no event will Critical Past LLC be liable for any incidental, consequential, or indirect damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of any information or services provided within its web sites, even if CriticalPast LLC has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on any of its web sites.
Critical Past LLC is not responsible for censoring or monitoring postings, but it reserves the right to enforce the policies outlined in this Agreement and reserves the right to move or remove notes or listings at its sole discretion and without notice or explanation.

If you submit any commentary to forums, discussions, or the "More information or Correction" feature now or hereafter offered on CRITICAL PAST LLC's web sites, you agree to abide by these Rules and Conditions.
By submitting commentary to any of these forums, you are consenting to its display on our site.


ACCESS AND AVAILABILITY OF SERVICE AND LINKS

Our Web site may contain links to other related World Wide Web Internet sites, resources, and sponsors or advertisers of Critical Past LLC. Since we are not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of the appropriate site.


REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant (a) that no materials of any kind submitted through your registered account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old.

You hereby indemnify, defend and hold harmless Critical Past LLC, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including without limitation, reasonable attorneys' fees incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

You acknowledge that some Media obtained from Critical Past LLC is derived from historical works of the National Socialist (NSDAP/Nazi) government of Germany or an organization closely associated to it, or another party which has been banned by the Federal Constitutional Court of Germany. The use of insignia of organizations that have been banned in Germany (like the Nazi swastika or the arrow cross) may also be illegal in Austria, Hungary, Poland, Czech Republic, France, Brazil, Russia and other countries, depending on context. In Germany, the applicable law is paragraph 86a of the criminal code (StGB), in Poland – Art. 256 of the criminal code (Dz.U. 1997 nr 88 poz. 553). Critical Past LLC makes this Media available due to its historical nature ONLY, and in no way, shape, or form condones or tolerates any affiliations with the Nazi government or any associated organizations.

Critical Past LLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through our service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. OUR SERVICE AND ANY DOWNLOADABLE MEDIA ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK.


REGISTRATION AND SECURITY

As part of the registration process for any CRITICAL PAST LLC web site, you will select a username and/or password. You also are required to give us certain registration information, all of which must be accurate and updated. You may not (a) select or use an e-mail address or password of another person with the intent to impersonate that person; (b) use an e-mail address or password in which another person has rights without such person's authorization; or (c) use an e-mail address or password that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.
You agree to immediately notify us of any known or suspected unauthorized use(s) of your membership account or of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You must be 13 years or older to register for an account within any CRITICAL PAST LLC web site and 18 years or older to license media that requires money to be exchanged; however, persons of all ages may use these services. If you share your e-mail address and password with others, you are responsible for all use or activity on your registered account, including use of the account by any third party authorized by you to use your e-mail address and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your registered account, at our sole discretion, and we may also refer you to appropriate law enforcement agencies.


FEES AND PAYMENTS

At the present time, search, forum participation, and streaming of sample Media at Critical Past LLC web sites is free of charge. We reserve the right at any time to charge fees for access to all or portions of our service. However, in no event will you be charged fees to our service unless we obtain your prior agreement to pay such charges. Fees for licensing of media are posted prominently during any checkout process and are subject to change at any time. The selection of types of media for licensing might also change at any time without prior notice. Individual media pages are also subject to deletion or editing at any time without prior notice. All new fees, if any, will be posted in appropriate locations on our service. You shall pay all fees and charges incurred through your registered account at the rates in effect for the service period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for license or sale through our service by us or by any other vendor or service provider. All such fees and charges shall be paid for by you. You shall also pay all applicable taxes, if any, relating to use of our service through your registered account.


COMMUNICATIONS BETWEEN CRITICAL PAST LLC AND REGISTERED USERS

We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to our service.
We reserve the right to disclose information about your usage and demographics, provided that we will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information, please read our Privacy Policy.
We may contact you via e-mail regarding your participation in user surveys, asking for feedback on our Web site and existing or prospective products and services. This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.


TERMINATION

We may, in our sole discretion, terminate or suspend your access to all or part of our service for any reason, including without limitation breach or assignment of this Terms of Service Agreement.


MISCELLANEOUS

This Agreement has been made in and shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. Any action to enforce this Agreement shall be brought in the federal or state courts located in Alexandria, Virginia.

Notwithstanding any of the foregoing, nothing in this Terms of Service Agreement will serve to preempt the promises made in our Privacy Policy.

You agree to report any and all violations of this Terms of Service Agreement to Critical Past LLC as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained on our Service, please notify us by sending e-mail to sales@criticalpast.com.